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City of Auburn
Finance Department
25 W. Main
Auburn, WA 98001
ORDINANCE NO. 4 6 3 a
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AFFIRMING THE HEARING EXAMINER'S DECISION TO DENY
APPEAL NO. MIS0008-93 WHEREIN GARY FUJIOKA APPEALED THE
ADMINISTRATIVE DECISION OF THE PLANNING DIRECTOR THAT RETAIL
SALES OF PET SUPPLIES IS NOT A PERMITTED USE WITHIN A M-1
LIGHT INDUSTRIAL ZONE, WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Appeal NO. MIS0008-93 dated March 22, 1993 has
been submitted to the City of Auburn, Washington, by GARY
FUJIOKA, doing business as the "Pet Club", appealing the
administrative decision of the Planning Director that retail
sales of pet supplies is not a permitted use within the M-1
Light Industrial zone, within the City of Auburn, Washington;
and
WHEREAS, said Appeal No. MIS0008-93 was referred to the
City of Auburn Hearing Examiner for study and public hearing
thereon; and
WHEREAS, on May 18, 1993 the Hearing Examiner conducted a
public hearing in the Council Chambers of the Auburn City Hall
to consider the appeal and, after hearing testimony and
considering the entire file, on May 28, 1993 issued a written
Decision to deny the appeal based upon the following Findings
of Fact and Conclusions of Law, to-wit:
Ordinance No. 4636
July 26, 1993
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FINDINGS OF FACT
The appellant, Gary Fujioka, doing business as Pet Club,
has filed an appeal of a decision of the Planning
Director. The Planning Director determined that the
retail of pet supplies is not a permitted use in the M-i,
Light Industrial, zone. The appellant operates a retail
business known as Pet Club which sells pet food and pet
supplies in a M-i, Light Industrial, zone at 3702 West
Valley North, Unit C.
The appellant completed an application for an
Administrative Use Permit requesting that he be allowed
to sell at retail pet supplies at the aforementioned
location which is zoned M-l, Light Industrial.
The City informed the appellant that retail sales of pet
supplies was not a permitted use in the M-1 zone. The
application was returned.
The only five products which are permitted to be sold at
retail in an M-1 zone pursuant to Section 18.32.030(P) of
the Zoning Ordinance are computers, farm and garden
supplies, hardware, lumber and building material, office
supplies and equipment.
The Planning Director has the authority to determine if
uses which are not specifically listed may qualify for an
administrative use permit pursuant to Section 18.64.010.
The use not listed must be similar to those listed which
require an administrative use permit.
The intent of the portion of the Zoning Ordinance which
allows limited retail uses in a M-1 zone is to allow uses
which would support the construction or manufacturing
activities or which would require larger facilities.
At the time of his oral presentation, the appellant
argued that since the Zoning Ordinance provides for
similar uses to be approved by the Planning Director that
his use was similar to the use of retail sale of farm and
garden supplies.
The appellant was found to be in violation the Zoning
Ordinance and a $1,700.00 fine was imposed. The fine has
not been paid, nor has the retail activity stopped. In
April of this year, a Building Division employee
purchased one can of dog food.
Ordinance No. 4636
July 26, 1993
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The staff report, with its recommendation that the appeal
be denied, is incorporated herein by reference as though
set forth in full.
CONCLUSIONS OF LAW
me
The retail sales of pet supplies is not a use which is
permitted in a M-1 zone. Although the sale of farm and
garden supplies is permitted, the undersigned concludes
as a matter of law that farm and garden supplies would
require inherently larger storage and that their sale
would result in much less impact to other users in the M-
i zone. The sale of farm supplies may involve a few
large trucks picking up hay or grain or similar products.
Likewise the sale of garden supplies would presumably be
more directed at wholesale and opposed to retail users.
In this instance, the retail consumers of pet supplies
would dramatically increase vehicular traffic in a M-1
zone, which is designed for industrial users.
Retail sales of pet food and pet supplies is not
permitted at this location; and
WHEREAS, on June 28, 1993 GARY FUJIOKA filed an appeal of
the Hearing Examiner's decision to the City Council and the
Council thereupon scheduled a hearing before the City Council
of the City of Auburn; and
WHEREAS, on July 19, 1993 the City Council of the City of
Auburn conducted a hearing on the appeal filed by GARY
FUJIOKA, doing business as the "PET CLUB", at the conclusion
of which the Council adopted the above-referenced Findings of
Fact and Conclusions of Law and affirmed the Decision of the
Hearing Examiner to deny the appeal.
Ordinance No. 4636
July 26, 1993
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Sectlon ~. The City Council hereby adopts the above-
stated City of Auburn Hearing Examiner's Findings of Fact and
Conclusions of Law and hereby incorporates such Findings and
Conclusions in this Ordinance.
Section 2. The City Council hereby affirms the Hearing
Examiner's Decision to deny the appeal of GARY FUJIOKA, doing
business as'the "PET CLUB", on property located at 3702 West
Valley Highway North, Unit C, Auburn, Washington.
Seotion 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Seotion 4. This Ordinance shall take effect and be in
its passage, approval and
force five days from and after
publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
MAYOR
Ordinance No. 4636
July 26, 1993
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
stel~hen R. Shelton,
City Attorney
PUBLISHED:
Ordinance No. 4636
July 26, 1993
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